Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 546

  (1)   The Federal Court, the Federal Circuit and Family Court of Australia (Division   2) or an eligible State or Territory court may, on application, order a person to pay a pecuniary penalty that the court considers is appropriate if the court is satisfied that the person has contravened a civil remedy provision.

Note 1:   Pecuniary penalty orders cannot be made in relation to conduct that contravenes a term of a modern award, a national minimum wage order or an enterprise agreement only because of the retrospective effect of a determination (see subsections   167(3) and 298(2)).

Note 2:   Pecuniary penalty orders cannot be made in relation to conduct that contravenes a term of an enterprise agreement only because of the retrospective effect of an amendment made under paragraph   227B(3)(b) (see subsection   227E(2)).

Determining amount of pecuniary penalty

  (2)   Subject to this section, the pecuniary penalty must not be more than:

  (a)   if the person is an individual--the maximum number of penalty units referred to in the relevant item in column 4 of the table in subsection   539(2); or

  (b)   if the person is a body corporate--5 times the maximum number of penalty units referred to in the relevant item in column 4 of the table in subsection   539(2).

  (2AA)   Despite paragraph   (2)(b), if:

  (a)   the civil remedy provision is a selected civil remedy provision; and

  (b)   the person is a body corporate; and

  (c)   when the application for the order is made, the person is not a small business employer;

the pecuniary penalty must not be more than 5 times the amount worked out in accordance with paragraph   (2)(b).

Payment of penalty

  (3)   The court may order that the pecuniary penalty, or a part of the penalty, be paid to:

  (a)   the Commonwealth; or

  (b)   a particular organisation; or

  (c)   a particular person.

Recovery of penalty

  (4)   The pecuniary penalty may be recovered as a debt due to the person to whom the penalty is payable.

No limitation on orders

  (5)   To avoid doubt, a court may make a pecuniary penalty order in addition to one or more orders under section   545.